Legal Opinion
Warren David Smith v. United States
Court of Appeals for the Ninth Circuit
Decided February 16, 1961No. 16710_1PublishedCited by 24 opinions
1Opinion of the Court
HAMLEY, Circuit Judge.
Warren David Smith, a federal prisoner at Alcatraz, brought this proceeding in district court under 28 U.S.C.A. § 2255 and rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A. By these alternative means he sought to set aside sentences of twenty and twenty-five years imposed under counts II and III of an information, and to leave in effect only a ten-year sentence imposed under count I. The district court denied the relief prayed for and Smith appeals.
The relevant facts are not in dispute. On June 8 1953, indictment having been waived, a three-count information was…
2Cases cited11 opinions
- Prince v. United StatesSupreme Court of the United States · 1957
- In Re BradleySupreme Court of the United States · 1943
- Ralph Geise v. United StatesCourt of Appeals for the Ninth Circuit · 1958
- James Henry Audett v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- Theodore Green v. United StatesCourt of Appeals for the First Circuit · 1960
6 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Redfield v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- Jesus Rivera v. United StatesCourt of Appeals for the Ninth Circuit · 1963
- Floyd Clayton Forsberg v. United StatesCourt of Appeals for the Ninth Circuit · 1965
- Charles Benton Russell v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Judson Edgar Holt v. United StatesCourt of Appeals for the Eighth Circuit · 1962
19 more not listed; retrieve them via the Exa API.